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Resolution 2016-61RESOLUTION NO. 2016-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A POLICY TO ALLOW FOR THE USE OF ELECTRONIC SIGNATURES (E- SIGNATURES) ON CITY DOCUMENTS WHEREAS, federal and state regulations have provided sufficient guidelines to allow for the implementation of electronic content, electronic transactions and electronic signatures; and WHEREAS, technology has developed to a level of sophistication to enable secure and verifiable electronic signatures; and WHEREAS, Gilroy's commitment to the environment and waste - reduction is evidenced by its City Climate Action Plan, General Plan, Purchasing Policy, and Strategic Plan, and reducing the use of paper supports this goal; and WHEREAS, the California Secretary of State opinion regarding the "digital" requirements of the Secretary of State Regulations (2 CCR 22000, et seq.) allows for electronic signatures; and WHEREAS, electronic signature technology allows the City of Gilroy to collect and preserve signatures on documents quickly, securely, and efficiently; and WHEREAS, adoption of an electronic signature policy is not a project subject to environmental review. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the City Council does hereby adopt the Gilroy E- Signature Policy, included as Exhibit A to this resolution. This Resolution shall take effect immediately upon its adoption by the City Council. PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Gilroy on the 5th day of December, 2016, by the following roll call vote AYES: COUNCIL MEMBERS: AULMAN, BRACCO, HARNEY, LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS NONE Mayor Exhibit A. CITY OF GILROY POLICY TO ALLOW THE USE OF ELECTRONIC SIGNATURES (E- SIGNATURES) ON CITY DOCUMENTS PURPOSE To enable the City of Gilroy to accept an approved electronic signature, in lieu of a written signature, on a document in which a signature is required or used, in compliance with the law. This policy does not supersede laws that specifically require a written signature. This policy does not limit the right or option to conduct the transaction on paper or in non - electronic form and the right to have documents provided or made available on paper. POLICY 1. To the extent necessary and permitted by law, the City of Gilroy accepts e- signatures as legally binding and equivalent to handwritten signatures to signify an agreement in compliance with the law. 2. This policy applies to all employees and officials of the City of Gilroy, and governs all uses of electronic signatures and electronic records used to conduct the official business of the City of Gilroy. Such business may include, but will not be limited to, electronic transactions on contracts, both internal and external to the city; and signatures on Resolutions and Ordinances of the Council. The City Administrator may in any circumstance determine that a particular transaction be conducted by a wet (manual) signature. 3. Authorized persons required to submit an electronic signature must do so using a city approved electronic signature method. 4. The City of Gilroy's right to option to conduct a transaction on paper or in non- electronic form shall not affect the City of Gilroy's right, option or obligation to have documents provided or made available in paper format. 5. If the parties have agreed to conduct a transaction by electronic means, the parties are required to utilize the city's electronic signature system for approved, electronically signed documents and that all applicable security processes for authentication be followed. 6. Where a legal requirement beyond city policy requires a written document that requirement is met when an electronic record has associated with it an electronic signature using an approved electronic signature method, which complies with California state law. 7. Appropriate procedures must be used to confirm that the person signing the record has the appropriate authority. 8. This policy applies only to transactions between parties which have agreed to conduct transactions by electronic means with the use of the city's approved electronic signature method. 9. If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient of the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. 10. This policy shall not apply to any transaction that requires a person's signature to be signed in the presence of a notary public. 11. The final approval of any electronic signature method will be by the City Administrator with the recommendation of the City Attorney and City Clerk, or other designee. 12. Periodic reviews will be implemented for appropriateness and continued applicability of electronic signatures. 13. In the event that it is determined that an approved electronic signature method is no longer trustworthy, the City Administrator shall revoke the approval of that electronic signature method. If there is continued significance for the electronic signatures, which used the revoked method, the City Administrator will take steps to see that any valid records signed with the revoked electronic signature method are signed again either with a written signature or with an approved electronic signature method. I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -61 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of December, 2016 at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 6th of December, 2016. was Freels, MMC ' City Clerk of the City of Gilroy (Seal)